Legal – Use of Content
The site www.triplepundit.com and its sub-pages (collectively, the “Site”) is owned and operated by Triple Pundit LLC, a California limited liability company (3p). Your use of this site is governed by these terms.
Creative Commons Attribution Non-Commercial 3.0
The Site is published under the creative commons attribution non-commercial 3.0 license. We suggest you read the rights that grants you at the link we just provided .In a nutshell, it means you are free to republish only headlines and excerpts of 3p articles except where otherwise explicitly permitted by agreement with 3p. We reserve the right to ask any publication to cease syndication. Please Contact Us for details.
This license also permits anyone to do the following with original 3p content, in any medium:
- To reproduce, remix, or otherwise alter original 3p site material so long as the triple pundit logo is displayed and credit to triple pundit is given. This includes, specifically, permission:
- to reproduce quotes
- to reproduce screenshots of any page of a 3p website
- to include original 3p material in mash-ups, mixes, parodies, caricatures, etc. for movies, TV, print or online
The permissions above do not include the right to republish images from 3p sites, for which 3p may not be the copyright holder, except in the context of a screenshot of the whole site.
3p makes no representations or guarantees about the suitability for third-party use of content that appears on the Site, and licenses herewith only the content of which 3p is the copyright holder.
RSS feed use
Triple Pundit provides an RSS feed for you to use at the following URL: http://www.triplepundit.com/feed/
- Unless permission is explicitly granted, only excerpts of articles may be syndicated.
- Internal links in the Site content must not be removed.
- The Site, our logo and/or URL should appear on each page displaying 3p content.
- The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.
- Reproduction of screenshots from 3p is permissible, without prior written approval, so long as the site logo and URL is fully visible or otherwise included on the page. See above for general permissions on partial content.
- The Site logo and URL must appear prominently at the top of each section displaying site content.
- Content must appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
- Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.
Triple Pundit provides this content “as is” and Triple Pundit shall not be held liable for your use of the information or the feeds.
Use of our content, including text and images, on your site, or in print, is entirely at your discretion. Triple Pundit is not responsible for any complaints, damages or costs you suffer or may suffer as a consequence, direct or indirect of content or images that you choose to display on your site or in print.
TO THE FULLEST EXTENT ALLOWED, Triple Pundit DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the Site or the RSS feeds provided above, you indicate that you understand and agree to these terms and conditions.
You agree by your use of any content from the Site, to defend, hold harmless and indemnify Triple Pundit its officers, members, directors, employees and agents from any claims or damages, including attorney fees, they may face, individually or collectively, as a result, in whole or in part, of your actions or negligent inactions with respect to the Site, any content you submit or otherwise.
TRIPLE PUNDIT, ITS MEMBERS, EMPLOYEES AND/OR AGENTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.
Corresponding with Triple Pundit
Any correspondence with Triple Pundit, or submission of content to us, including any documentation or images, is considered property of Triple Pundit. Triple Pundit reserves the right to reproduce such content, in whole or in part, and to use it in any way we choose, including allowing third parties to republish the material. In submitting something to us, you are representing that the content is yours to give to us, does not infringe on any third party’s rights – copyright, trademark, privacy rights and the like – and is not libelous or unlawful in any other way. You agree to defend and indemnify us for damages we suffer or may suffer if the previous sentence is not true for anything you submit to us.
In order to make our comments useful and interesting, the following guidelines have been established for comment users:
- Do not post threatening, harassing, defamatory, or libelous material.
- Do not intentionally make false or misleading statements.
- Do not offer to sell or buy any product or service.
- Do not post material that infringes copyright.
- Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
- Keep all comments relevant to the article on which the comment is being posted.
- Triple Pundit will not accept responsibility for information posted in the Comments.
Please note that once you post a comment to one of our sites, it becomes part of the public conversation, the property of the world under a Creative Commons Attribution-Noncommercial-ShareAlike 3.0 Unported License and our property to do with as we like in line with these terms and that license. Our policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Service and even then we retain the right to use the comments in a manner we see fit. We will not remove your comments simply because you have a change of heart about making them.
That said, Triple Pundit reserves the right to remove comments entirely at its discretion with no warning, including for, but not limited to, alleged violations of terms of service or legal rights. We also reserve the right to terminate your commenting account and block you from the site.
3p is not responsible for the content of user comments. If a third party complains that your comment violates our TOS we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation.
This site is not intended for people under the age of 13.
Because of the Children’s Online Privacy Protection Act of 1998, there are limits on our ability to accept users under a certain age. That means Triple Pundit is not intended for users under the age of 13. Nobody under 13 may create an account or use any part of the Site that requires the submission of personally identifiable information, like email or name. Any account that is created by a person under 13 will be terminated and any content created will be removed from the Site.
Triple Pundit articles typically display images, audio, and video (the “Material”) as part of blog posts written by our editors or contributors. The types of Material editors are authorized to use on Triple Pundit sites include Material:
- licensed from photographic archive and video vendors
- supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
- Submitted by readers with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on our site(s)
- published on Flickr or other public photo / video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- commissioned by Triple Pundit
- that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:
- The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody
- The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)
- The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution Material used for no more than to convey the point made)
- The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)
If Triple Pundit receives notice that Material posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove the material.
If you think we have published Material that infringes your copyright, we will address your concerns; however, if the material falls into one of the categories listed above, we believe that our use is legitimate and we will not remove it from the site.
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/.
To file a notice of infringement with us, you must provide a written communication (by email to legal-at-triplepundit-dot-com with an attached and signed PDF) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (415) 504-2371 to confirm that we received your original complaint. To enable us to address your concerns, please provide the following information in every DMCA notice to Triple Pundit:
- For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred.
- For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA,
OR, absent such registration,
- a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
- Evidence to support your claim that you own the copyright in the image.
- Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA,
A statement by you, made under penalty of perjury, that the information you have submitted to us is accurate, that you have a good faith belief that the disputed material used contrary to the wishes of the copyright owner, and that you are or are authorized to act on behalf of the copyright owner.
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright to the image in question.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
If you believe you submitted material that was taken down in error or that it is not infringing, please file a response notice at legal-at-triplepundit-dot-com with an attached and sig ned PDF which contains:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number.
External Links Disclaimer
3p routinely contains links to external, third party websites. By providing links to other sites, Triple Pundit does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to 3p.
Triple Pundit does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to 3p assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
901 Mission Street, Suite 105, San Francisco, CA 94103
Please respect common sense and the environment. Email is a faster and far more effective way of communicating with us.
Any claim or dispute between you and Triple Pundit arising out of or relating to these terms or your use of the Site, in whole or in part, shall be governed by the laws of the State of California, without respect to its conflict of laws provisions. We agree and you agree (a) to submit to the personal, exclusive jurisdiction of a court located in San Francisco, California, and (b) to waive any objection to that jurisdiction or venue.
CHANGES TO THESE TERMS
We may modify our Terms at any time. If we make changes to this policy that materially alter its effect, we will make it clear to you in advance on the Site.